Loading...
HomeMy WebLinkAbout375270 ACCUVANT INC - PURCHASE ORDER - 9144768Fort Collins Date: 08/18/2014 Vendor: 375270 ACCUVANT INC 1125 17TH ST SUITE 1700 DENVER CO 80202-2032 PURCHASE ORDER PO Number Page 9144768 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 08/18/2014 Buver: WILSON. JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Tech Support Inv dated 816/14 Invoice 0AINV-11589 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 8,443.61 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By smote the City of Fort Collins is exempt f more and local acres. Oc Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 14-6000587 k registered wob the Collator of Failure of the Pughmer to inset upon strict prafamiamd of the tames and mMitimss hereof, failure ar delay m Internal Restrict, Denver, Colorado (Ref. Colorado Revised Sidi 1903, Chapter 39-26. 114 NL exercise any rights or rem ties provided herein or by law, failure a promptly notify Nc Seller in the event of a breach, the acceptance for payment for goods himader or approval offe design, shall not releme for Seller of Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due m defects of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in omit, may be mI.W 10 you far credit and arc not ro be replaced except upon a ceim of written purchaser to insist upon stria performance h de ifor any of its rights or remedies as to any such goods, reginu ess instructions from the Ciry of Fon Collins. of when shipped, received or accepted, as to any poor or subsequenl default hereunder, nor shall any purpand oral codification or rescission of this purchase order by the PurcM1sser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fog Collins inspection on arrival, hermf. Final Acceptance. Receipt of the merchandise, senices or equipment in response to this older can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be underaaod thatFINAL Seller and the Purchaser recognize that in actual a is pumice, o,.bar,. resulting firm antitrust P ACC17I'ANCE is dependent upon completion of all applicable required oc inspection predares. violations are in fact home by the Purchase, Theretofore, folgood muse and as consideration for executing this purchase order, the Seller hereby assigns to the Purchmer my and all claims it may now have or hereafter Freight Terms. Shipments mast be F.O.B., City of Fog Collins, 700 Wood St, Fog Collins, CO 80522, unless acquired under behind or slate confirmed laws for such overcharges relating to the particular goods or services otherwise specified oa This order. If ptionvoon is given no prepay freight and charge separately, the original freight purchased or acquired by fire Producer pursmm to this purchase order. bill most accompany invoice. Additional charges for Faking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have gamboling Points in camear, pans of the country, shipment is Ifine Purchaser directs the Sella to correct nonconforming or def dive goods by a dare to nd agreed upon by the expected from the nearest disvibution limit to desrination, and excess freight will W hductM hung Invoice when Purchases and the Suite, and the Sella therraRa indicates its imilit ry of unwillingness to comply, the Purchaser shipmen s are made bum greater distance. may muse the work ,o be, performed by the most expeditions means available to it and the Sella shall pay all costs associated wilt such work. Permits. Seller shall put at sellers sole cost all necessary permits, certificates and ]if. required by all applicable laws, regulations, mdine nces and roles of the ram, munieipaliry, gmmry or political subdivision where the wage, is performed, or r puired by any other duly contributed public authority h ningjurisdictim over Be work Of vmJor. Seller further agrees to hold the City of Fog Collins modest from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authooz:niun. All panics to this contra[ agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the firms suit condition' stated begin set Ibnh and any supplementary or additional signs and conditions annexed hereto or incoryorated herein by reference. Any additional or different terms and condifions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery Joe as noted. Time is of the names. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In No event ofany delay, the Purchases shall have, in addition to other legal and equitable ftcodies, No option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a admit of delays due to muses not reasonably foreseeable which are beyond its reasonable central and without its fault ofnegligeme, such acts afGd, acts of,i,il or ciliary authorities, govemmemal primitiea fires, smik,, flood, epidemics, wars ar nob provided that notice of the conditioos causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the rant of my such delay, the date of delivery shall be extended for the period m und to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wagons that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intended, and performed with the highest degree of care and conrprance in accordance with accepted standards for work of it -mild, nature. The Seller agrees a hold the pumhcee hetnless from any loss, damage or expense which the Purchaser may saR or incur an account of Ne Sellers breach of warranty. The Sellershall replace, also if or make god, without cost to the p ushaun my def is or faults arising within one (1) year or within such longer period of into as may be prescribed by law or by the harms of any applicable warmmy provided by the Seller it,, the date of anceplame of the goods famished hereunder (acceptance rot to be unreasmtably delayed), resulting from impeder or defective wort: done in materials fumishd by the Seller. Acceptance or use of good by the Purchases shall rot constitute a waiver ofany claim under this waganty. Except as mhemise provided in this purchase order, the Sellers liability hereunder shall extend a all damage, proximately cntred by the broach of my of the foregoing isr tLr or guarantees, but such liability shall in no room include loss ofp.f,. or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal forms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Porch— may make any changes to the 1emrs, the, than loyal tens, including additions to or deletions lion, the quantities originally ordered in the specifications o, dmwinp, by verbal or aging change order. If any such change nffcb,he amour due Or the time of perfonnce Acrennde, an Nnilable djnstmem shall be made. 6. TERMINATIONS. The Purchaser flay in any time by written Mange order, aeninme this agreement as to any or all Famous of the goods then not shipped, subject so any Nuitable adjunngml brween the parties as to my work or materials then in progress provided that the Purchaser shall not Ire liable for any claims for anticipated profits on the mo mplred portion of the goals angler work, for incidental or comemential damages. and that no such adjustment he made in favor of the Seller with resistor to my good which am dg Sellers standard stack. No such termination shall relieve the Purchmr or the Seller of my offeir obligations as m any gook delivered herevades. ]. C WMS FOR ADJUSTMENT. Any claim for adjustment most be asig ed within thirty (30) days firm the date the change or formation is ordegd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f gnishd in strict compliance with ell applicable laws end regulation da which the goods are subject. The Seller shall execute rind deliver such documents as may be required to effect or evidence compliance. All laws and regulations rNuired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser c a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mrneor, or convey this order, or my monies due or to became due hegunder without the prior written consent ofthe other party. 10. TITLE. The Seller wagdrib full, clear and Imreslndd tide to to Purchaser for all equipment magnets, and items furnished in per-ficnizaarge of this agreement free and clear of any and all diem, nastirtium, resmabe., semnry interest mcumbrmcrs and claims of ofers. The Seller shall release the Purchaser and its contractors of my tier fivn all liability aud claims of my nature resulting from the pdNggggx, ofsuch work. This release shall apply even in the event of fault of negligence of the parry relmsd and shall extend to the directors, officers and employees of such party. no Seller's congenital obligations, including womanty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required tome any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save hamtless the Producer bum any and all claims for infringement by reason of fire use of such patented design, device, goduial or process in connection with the commit and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement of any time during the pros action or after the completion of the work. In it said equipment, or any Pan thereof or the intedd sea of the gook, is in such suit held an constitute infringement and the use of said equipment or parr is enjoined, the Seller shall, at its own expense and at its option, either pending for the Purchases the right m continue using said Nuipmenl or pans, replace rise same with substantially Nasal but mainMnging equipment, or mdify it so it become noninGnging. 15.INSOLVENCY. If the Seller shall became insolvent or bankmpt make an assigmnent for the bmeG1 of creditors, appoint a reoccur or grace for my of the Sellers property or business, this order may f.Mmilh be canald by the Punctuator without liability. 16. GOVERNING LAW. The definitions of teuu used or the commutation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Cofmdo, USA. The following Additional Conditions apply only in where the Seller iseu m Perform work herndr, including the servicesof5ellers Rmre egradve(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sidles own risk until five same is fully completed and accepted, and shall, in cost of any ancidemt destruction or injury to the work and/or materials before Sellers fool completion and nor""., complete the work or Sellers own expense and m the satisfaction of the Pughmer. When materials ad equitation, are f khed by others for installation or mention by the Seller, the Seller shall receive, unload, start and handle same at she site and became responsible therefor as though such materials mNor Nuiptnmt wort being fumishd by the Seller under No order. 18. INSURANCE. The Seller stint, at his own expense, provide for the payment of ushers compensation, including oivIndiorul disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conrrocmal and automobile public liability insurance with tidily injury and death limits of set train SJUggW for any one Person, ESW,mm for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his wmrs, if any, to provide for such cdcaptiommor and miscounce. Before any of the Sollers or his contractors employees shall do any work upon the pgmises of others, the Seller shall fumish the Purchaser with a confirm that such compensation and insurance have been provided. Such cenifcmea shall specify the date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Sella hereby assumes the entire responsibility and liability far any aad all damage, loss ar injury of my kind or mug whatsoever to persons or pmpeny caused by or resulting from the execution of the work provided for in Nis noticed, order or in connection herewith. The Seller will indemnify and hold hannlas the Purchaser and my ed all of Ne Purchmers officers, agents and employees fmco and against my and all claims, losses. damage, charges or expenses, whether direct or indirect and whether in persons or prepeny to which the Foreigner may be put or subject by rason of my act, action, neglect, omission or default an No pan of the Seller, any of his contractors, or any of the Sellers or dentrations officer, agents or employees. In sion, any suit or other proceedings shall be brought against the Pumbect or its oRcers, agents or employees at any time oa account or by reason of any act action, neglect, omission or default of the Sella of any of his inconstant or any or its or their officers, agents or employees c aforesaid, the Seller hereby agrees to assume the defense thereof and as defend the same at she Sellers own expenst, to pay any and all coves, charges, aromrys fees and ocher expenses, any and all judgments than may be incurred by or obtained against the Purchaser or any of its or their oficen, agents or employees in such suits or ocher procedings, and in case judgment or other lien be placed upon Or obtained against the pmptgy ofthe Purchaser, or said parties in or as a result of auch suits or other proceedings, the Seller will of once cause the same to he diamlvd and diuhmged by giving band or otherwise. The Seller and his contractors shall Woe all safety productions, fumish and insult all guards necessary for the prevention of accidents, comply wish all laws and regulations with regard to safety including, but without housing, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Nerem. Revised 07nOi4